Summary
Judgment
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Here's
a 24-page verified summary judgment motion that prevented a young couple
from losing their tiny pig farm to the demands of wealthy country-club
developers who wished to build a golf course across the street from
the muddy farm and didn't care for the smell of pigs or the sound of
music the farming couple played to promote their pigs' health (supposedly
to make the pork more tender).
The
case made the local papers and even got radio and TV coverage. The
country club hired an expensive law firm and tried everything in the
book to shut down the farm. (Pig smell and music interferes with putters'
concentration.)
This
was a pro bono case, i.e., we decided to fight for the rights
of some nice people who couldn't afford to pay, but the reward of seeing
the country club lose was well worth the effort.
This
long and detailed summary judgment motion is fun reading!
The
names are changed, of course, but the motion is fundamentally the same
as the paper we filed to save the pig-raising family from ruin. It
demonstrates how the power of money can be overcome by American principles
of due process wisely applied with courage and conviction.
Those
who say "the little guy"
hasn't a chance in today's courts need to read this powerful 24-page
motion and see how lawsuits (even against the rich and powerful) can be
won by those who deserve to win ... if the rules are used the way
Jurisdictionary explains.
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